General Terms of Business (terms of business and use)
|1.1||The renter rents the rental vehicle defined in par. III for the rental time period stated in par. IV.|
|1.2||The rental vehicle is a vintage car which is in an immaculate condition and in accordance to the rules.|
|1.3||The lender cannot rule out the possibility that, due to the age of the rental vehicle, there may be defects (of any kind) during the rental time of the vehicle.|
|1.4||The renter must be min. 25 years old and have had the driving license min. 5 years.|
|2.||Instructions of the use of the vehicle|
|2.1||The renter receives exact instructions for the use of the rental vehicle.|
|2.2||The renter has to follow the lender’s instructions implicitly. He will be held responsible for any damages which are caused by a misconduct.|
|3.||General use of the rental vehicle|
|3.1||The renter has to use the rental vehicle with care.|
|3.2||The renter is only allowed to use the rental vehicle for journeys in Austria, Germany, Italy and Switzerland. Trips to other countries are explicitly forbidden.|
|3.3||When the rental vehicle is parked, doors and windows have to be secured or locked; the steering-wheel lock must click into place. If the rental vehicle is not lockable (par. III.c), the renter must not, especially during the night, park it in public places.|
|3.4||The renter is not permitted to use the rental vehicle for commercial passenger transport as well as for motor sport events or for the training of student drivers. It is also forbidden to tow or push other vehicles with the rental vehicle.|
|3.5||In case of non-compliance the renter shall be held responsible for the total damage of the rental vehicle as well as the damage arising to the renter without considering the question of guilt.|
|4.||Passing-on of the vehicle
The renter is expressly forbidden to pass on the right of use of the rental vehicle (in any way) to persons not mentioned in the rental agreement.
|5.||Occurrence of a defect|
|5.1||The renter has to inform the lender immediately when a defect occurs on the rental vehicle at the phone number mentioned in par. I. b). The renter must definitely not try to start the rental vehicle again or to continue to use the rental vehicle when a defect had occurred. The renter has to follow the instructions of the lender’s staff implicitly. He is liable for any damages which result from the continuation of use of the rental vehicle.|
|5.2||The lender reserves the right either to make available a substitute vehicle to the renter or to reduce the rental fee (par. V) accordingly for the period during which the use of the rental vehicle is not possible.|
|5.3||The lender in any case is not liable for any damages the renter may claim (par. XIII.).|
|6.||Conduct in case of traffic accidents
The renter undertakes to do everything in his power which could be useful in clearing up the course of events leading to the accident. Especially he has to immediately make a statement to the police, to note the car registration number of the other vehicles involved in the accident as well as the the names and addresses of these persons as well as the witnesses and to make a sketch of the scene. Furthermore the renter undertakes to give the required information to the lender or the concerned insurance company immediately or at least immediately after their request. The renter is not permitted to accept claims of third parties wholly or partially or to satisfy them. The renter undertakes to leave the lender free of claims for compensation and suits of law.
|7.||Handing-over of the rental vehicle
When taking over the rental vehicle, the renter has to inspect it carefully and to mention any visible defects in the handing-over protocol. The renter is liable for any damages not mentioned in the handing-over protocol.
|8.1||The rental vehicle has a third party insurance.|
|8.2||The rental vehicle has a comprehensive insurance, but the renter has to bear the costs for repair of the damages of the rental vehicle which he had caused up to the amount agreed as his share per incident (par. VII. b).|
|8.3||The renter has to consider the respective insurance conditions (par. VII. e).|
|9.||Renter’s violation of laws and regulations|
|9.1||The renter is responsible to comply with any regulations (e.g. StVO, KFG, customs laws). He is liable for any consequences of unlawful actions in Austria and abroad and undertakes to leave the lender free of claims for compensation and suits of law.|
|9.2||In case of any offence the lender is obliged to give information to the investigating authority and persons and to disclose the renter’s name.|
|10.||Return of the rental vehicle|
|10.1||The renter undertakes to return the rental vehicle at the agreed date of return (par. IV. b) in the proper condition and with a full tank at the location of take-over. The return outside of the opening hours (09:00 – 18:00 h) is not permissible without prior agreement..|
|10.2||The renter has to pay for the value of not returned parts, tools etc upon return of the vehicle. This also concerns costs for re-acquiring lost keys or vehicle documents. The lender is not held responsible for objects which the renter leaves behind in the vehicle.|
|10.3||In case the renter does not keep the date and time of return (par. IV. b), the lender reserves the right to charge another day’s rental fee after one full hour.|
The renter pays a deposit at the time of take-over of the rental vehicle (par. IV). The lender has the right to use this deposit to cover costs of any damages of the rental vehicle or other claims of the lender (e.g. rental fee, insurance, par. 10.1 and 10.2.).
The renter expressly agrees that the lender may use the renter’s data (par. II.) for marketing and pr-purposes (e.g. advertising matters, information brochures, other information). It is forbidden to turn these data over to third parties (except insurances, authorities, banks). The renter has the right to retract this agreement at any time.
|13.||Exclusion of liability|
|13.1||The lender cannot be held responsible if the rental vehicle does not operate properly and without defects during the rental period (par. IV.).|
|13.2||The lender cannot be held liable for any damages to the renter which are caused by defects of the rental vehicle (e.g. costs for phone, transport, overnight).|